STATE v. MAYNARD

Cr 6-1336-20; CA A41915.

738 P.2d 210 (1987)

85 Or.App. 631

STATE of Oregon, Respondent, v. James Norman MAYNARD, Appellant.

Court of Appeals of Oregon.

Decided June 10, 1987.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Brian J. MacRitchie, Bend, argued the cause for appellant. With him on the brief was MacRitchie, Petersen & Stiegler, Bend.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


VAN HOOMISSEN, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He contends that the trial court erred when it denied his request for diversion. See ORS 813.200 et seq. The issue is whether defendant's uncounseled entry into a diversion program in 1982 may be used to deny him diversion in this case. We affirm.

In 1982, defendant was charged with DUII. He was not represented by counsel...

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